-~~~-~---------------------------------,
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
LISA MADIGAN, Attorney General
)
of the State of Illinois,
)
)
Complainant,
)
)
vs.
)
PCB No. 09-104
)
(Enforcement - Water)
VILLAGE
OF ROCKTON,
)
)
Respondent.
)
NOTICE OF FILING
TO:
Gregory E. Cox, Esq.
Attorney for Village
of Rockton
Nicolosi
&
Associates, LLC
363 Financial Court, Suite
100
Rockford, Illinois 61107-6671
Bradley
P. Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Ste. 11-500
Chicago, Illinois 60601
100
W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Illinois Pollution Control Board in accordance with the Board
Order of October 1,2009, an
original and nine copies
of the Amended Stipulation and Proposal for Settlement, an Agreed
Motion for
Relief from the Hearing Requirement, Notice of Filing and a Certificate of Service, a
copy
of which is attached herewith and served upon you.
BY:
DATE: October 20, 2009
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State
of Illinois
ZEMEHERET
Z~"k,-Mb
BEREKET-AB
Environmental Bureau
Assistant Attorney General
69 W. Washington
St., Suite 1800
Chicago, Illinois 60602
(312) 814-3816
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, Octobr 20, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
LISA MADIGAN, Attorney General
)
of the State of Illinois,
)
)
Complainant,
)
)
vs.
)
)
VILLAGE
OF ROCKTON,
)
)
Respondent.
)
PCB No. 09-104
(Enforcement - Water)
AGREED MOTION TO REQUEST RELIEF
FROM THE HEARING REQUIREMENT
In
support of this Motion, the parties state as follows:
1.
On September 28,2009, the People of the State of Illinois, filed a Stipulation and
Proposal for Settlement, with the Illinois Pollution Control Board.
2.
On October 1,2009, the Board issued an order directing the parties to file an
amended complaint or an amended stipulation and proposed settlement to address the
inconsistency between the allegation in Count II
of the Complaint and the description of the
violations in Section LB.
of the Stipulation and Proposal for Settlement.
3.
This amendment seeks to reconcile the differences between the Complaint and the
original Stipulation
by citing the identical violations in Section LB. of the StipUlation as alleged
in Count II
of the Complaint.
4.
Section
31 (c )(2) of the Illinois Environmental Protection Act, (" Act"), 415 ILCS
5/31 (c )(2
)(2008) provides:
Notwithstanding the provisions
of subdivision (1) of this subsection (c),
whenever a complaint has been filed on
behalf of the Agency or by the
People of the State of Illinois, the parties may file with the Board a
stipulation and proposal for settlement accompanied
by a request for relief
from the requirement of a hearing pursuant to subdivision (1) ....
5.
Complainant and Respondent agree that a formal hearing is not necessary to
conclude this matter and wish to avail themselves
of Section 31 (c )(2) of the Act, 415 ILCS
5/31
(c )(2)(2008).
WHEREFORE, Complainant and Respondent request relief from the hearing requirement
pursuant to Section
31 (c )(2) of the Act, 415 ILCS
5/31
(c )(2)(2008).
BY:
DATE: October
20, 2009
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
Attorney General
State
of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcementl
Asbestos Litigation Division
t,~~/6.~
ZEMEHERET BEREKET-AB
Environmental Bureau
Assistant Attorney General
69 W. Washington
St., Suite 1800
Chicago, Illinois 60602
(312) 814-3816
G:\Environmental Enforcement\Z BEREKET-AB\vILLAGE OF ROCKTON\Agreed Mot to Req Relief IO-20-09.doc
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF
THE STATE OF ILLINOIS,
Complainant,
v.
VILLAGE OF ROCKTON,
Respondent.
)
)
)
)
)
)
)
)
)
PCB NO. 09-104
(Enforcement - Water)
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General
of the State of Illinois, the Illinois Environmental Protection Agency ("Illinois EPA"),
and Village of Rockton ("Respondent") ("Parties to the Stipulation"), have agreed to the making
of this Stipulation and Proposal for Settlement ("Stipulation") and submit it to the Illinois
Pollution Control Board
("Board") for approval. This stipulation of facts is made and agreed
upon for purposes of settlement only and as a factual basis for the Board's approval of this
Stipulation and issuance
of relief. None of the facts stipulated herein shall be introduced into
evidence in any other proceeding regarding the violations of the Illinois Environmental
Protection Act
("Act"), 415 ILCS 5/1
et seq.
(2008), and the Board's Regulations, alleged in the
Complaint except as otherwise provided herein.
It
is the intent of the Parties to the Stipulation
that it be a final adjudication
of this matter.
I. STATEMENT
OF FACTS
A.
Parties
1.
On April 30, 2009, a Complaint was filed on behalf of the People of the State of
Illinois by Lisa Madigan, Attorney General of the State of Illinois, on her own motion and upon
the request of the Illinois EPA, pursuant to Section 31 ofthe Act, 415 ILCS 5/31 (2008), against
the Respondent.
2.
The Illinois EPA is an administrative agency of the State of Illinois, created
pursuant
to Section 4 of the Act, 415 ILCS 5/4 (2008).
3.
At all times relevant to the Complaint, Respondent was and is an Illinois
municipal corporation that is authorized
to transact business in the State of Illinois.
4.
At all times relevant to the Complaint, Rockton owned and operated a waste water
treatment plant
("WWTP") located at 718 West Union Street, Rockton, Illinois, Winnebago
County
("Site"), which operates under NPDES Permit No. IL0030791. The NPDES permit was
issued on September 19,
2004, and will expire on September 30,2009. The WWTP operations
include a lift
station-River Street lift station located along the Rock River in Rockton.
5.
The River Street lift station pumps untreated sewage from local residents to
Rockton's WWTP. The receiving waters for Rockton's effluent discharge is the Rock River.
6.
On July 23,2007, the Illinois EPA Bureau of Water, Rockford Regional Office
received a complaint from an employee
of the Rockton hydroelectric plant ofa sewage discharge
to the Rock River from the River Street lift station.
7.
The Complainant had in tum received a discharge report from a fisherman who
had been boating on the Rock River. The Illinois
EPA also received a report about the discharge
of sewage from the Chief Operator of the Rockton WWTP.
8.
On July 23,2007, the Illinois EPA inspected both the Rockton hydroelectric plant
and the River
Street lift station.
2
9.
The Illinois EPA observed wet paper, fecal matter and other sewage debris below
the 8-inch diameter bypass overflow on the bank
of the Rock River at the base of the lift station
overflow discharge point.
10.
The Illinois EPA also observed that the pumps at the River Street lift station were
plugged with discarded clothing that wound around the pump impellors making the pumps
ineffective. The conduit for the telephone line for the automatic alarm dialer system had also
been damaged and the line disconnected thereby making the telephone alarm system inoperable.
The lift station had no fencing around it
to limit access to the equipment.
11.
On July 26,2007, the Illinois EPA re-inspected the lift station and observed that
the pumps had been cleaned and restored to full service and that the alarm system telephone line
had been reinstalled in a heavy pipe conduit
as was the conduit for the float pumps. All four lift
station control floats were replaced with new floats.
12.
The Illinois EPA also observed that the alarm light and hom were moved and
reinstalled on a metal utility pole where they could be observed from the street and nearby
residence.
13.
On July 27,2007, the Illinois EPA received a written notice of noncompliance
from Rockton's engineers regarding the situation at the River
Street lift station.
14.
On September 13,2007, the Illinois EPA sent to Rockton a Violation Notice
("VN") pursuant to Section 31 (a)( 1) of the Act, 415 ILCS 5/31 (a)(1) (2008).
15.
On October 1,2007, Rockton responded to the VN and proposed its Compliance
Commitment Agreement
C'CCA").
16.
On November 21,2007 the Illinois EPA rejected Rockton's CCA.
3
17.
On April 21, 2008, the Illinois EPA sent to Rockton a Notice of Intent to Pursue
Legal Action pursuant to Section 31 (b) of the Act, 415 ILCS 5/31 (b) (2008).
B.
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the following provisions
of the
Act and Board regulations:
Count
I:
Count II:
Count III:
Cause, Threaten or Allow Water Pollution in violation
of Section
12(a) of the Act, 415 ILCS 5/12(a) (2008);
(\, ') o-J\J
Failure to Provide a Reliabl Alarm S stem in violation of 35 Ill.
Adm. Code 306.102(a) and.Section 12(a) of the Act, 415 ILCS
5112(a) (2008);
Failure to Control Overflow in violation of 35 Ill. Adm. Code
306.304 and Section 12(a) of the Act, 415 ILCS 5112(a) (2008).
C.
Non -Admission of Violations
The Respondent represents that it has entered into this Stipulation for the purpose
of
settling and compromising disputed claims without having to incur the expense of contested
litigation.
By entering into this Stipulation and complying with its terms, the Respondent does
not affirmatively admit the allegations
of violation within the Complaint and referenced within
Section I.B herein, and this StipUlation shall not be interpreted as including such admission.
D.
Compliance Activities to Date
Respondent has
completed the following compliance activities to date:
1.
Float switches were checked. One displayed an intermittent failure.
It
was
determined that as long as the electrician was on site, all four float switches would be replaced.
A new junction box for the float switches was located outside
ofthe wet well in a buried location
to prevent possible future tampering with float cables.
4
"
2.
The pumper truck was utilized to remove all of the floating materials and settled
grit from the wet well.
3.
The telephone lines were reconnected and the conduit and junction box relocated
to the electric service pole to minimize the potential for future damage. The conduit was
replaced with rigid conduit.
4.
Pumps and check valves were checked for foreign materials. Both pump
impellers had significant amounts
of rags and debris.
It
appeared that a pair of blue jeans was
wrapped around one
of the impellers. All debris was removed from the pumps. The check
valves were disassembled and checked for debris. Both check valves had significant amounts
of
debris in the seat area and around the shaft. The debris was removed and while the valves were
disassembled, new roll pins were installed. Pumping rates were checked and the pumps are
pumping at normal rates.
5.
The telephone dialer was checked and was functioning properly; it had simply not
been able
to notify staff with the telephone wires disconnected ..
6.
Visual (warning light) and audible (horn) alarms were reconnected and tested.
Both are operational.
Respondent contends that it is uncertain that wastewater was discharged
to the river, as
no wastewater was observed being discharged and no one personally witnessed wastewater being
discharged.
The pump station
is now operating at full capacity, and all ofthe known problems have
been addressed. The Village has spent $29,850 in installing new security measures.
5
II. APPLICABILITY
This Stipulation shall apply to and be binding upon the Parties to the Stipulation, and any
officer, director, agent,
or employee of the Respondent, as well as any successors or assigns of
the Respondent. The Respondent shall not raise as a defense to any enforcement action taken
pursuant to this Stipulation the failure
of any of its officers, directors, agents, employees or
successors or assigns to take such action as shall be required to comply with the provisions of
this Stipulation. This Stipulation may be used against the Respondent in any subsequent
enforcement action or permit proceeding as
proof of a past adjudication of violation of the Act
and the Board Regulations for all violations alleged in the Complaint in this matter, for purposes
of Sections 39 and 42 of the Act, 415 ILCS 5/39 and 42 (2008).
III. IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5/33(c)(2008), provides as follows:
In making its orders and determinations, the Board shall take into consideration
all the facts and circumstances bearing upon the reasonableness
of the emissions,
discharges, or deposits involved including, but not limited to:
1.
the character and degree of injury to, or interference with the protection of
the health, general welfare and physical property of the people;
2.
the social and economic value of the pollution source;
3.
. the suitability or unsuitability ofthe pollution source to the area in which
it is located, including the question
of priority oflocation in the area
involved;
4.
the technical practicability and economic reasonableness of reducing or
eliminating the emissions, discharges or deposits resulting from such
pollution source; and
5.
any subsequent compliance.
6
In response to these factors, the Parties to the Stipulation state the following:
1.
Complainant contends that human health and the environment were threatened by
the discharge of untreated wastewater to the Rock River. Toilet paper and solid sewage debris
were found at the base
of the overflow outfall pipe. Respondent contends that it is uncertain a
wastewater discharge occurred at the lift station to the
Rock River.
2.
There is social and economic benefit to the wastewater treatment plant.
3.
Operation of the facility was suitable for the area in which it occurred.
4.
Maintaining fencing around the lift station to prevent unauthorized access was
both technically practicable and economically reasonable.
5.
Respondent has subsequently corrected the operational deficiencies and
constructed a fence around the lift station and replaced the conduit for the telephone line for the
automatic alarm dialer system. Respondent maintains it had expended significant sums to
implement the measures described herein.
IV. CONSIDERATION OF SECTION 42(b) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42(h)(2008), provides as follows:
In determining the appropriate civil penalty to be imposed under
... this Section,
the Board is authorized
to consider any matters of record in mitigation or
aggravation of penalty, including but not limited to the following factors:
1.
the duration and gravity of the violation;
2.
the presence or absence of due diligence on the part of the respondent in
attempting to comply with requirements
ofthis Act and regulations
thereunder
or to secure relief therefrom as provided by this Act;
7
3.
any economic benefits accrued by the respondent because of delay in
compliance with requirements, in which case the economic benefits shall
be determined by the lowest cost alternative for achieving compliance;
4.
the amount of monetary penalty which will serve to deter further
violations
by the respondent and to otherwise aid in enhancing voluntary
compliance with this Act by the respondent and other persons similarly
subject to the Act;
5.
the number, proximity in time, and gravity of previously adjudicated
violations
of this Act by the respondent;
6.
whether the respondent voluntarily self-disclosed, in accordance with
subsection i
of this Section, the non-compliance to the Agency; and
7.
whether the respondent has agreed to undertake a "supplemental
environmental project," which means an environmentally beneficial
project that a respondent agrees to undertake in settlement
of an
enforcement action brought under this Act, but which the respondent is not
otherwise legally required to perform.
In
response to these factors, the Parties to the Stipulation_state as follows:
1.
Complainant contends that the overflow occurred at least on July 23,2007, and
involved the discharge
of untreated wastewater to the Rock River. The discharge might have
occurred on additional days as WWTP influent data recordings indicate a drop in overall influent
flow volume immediately prior to July
23,2007.
2.
Respondent contends it is uncertain a wastewater discharge occurred at the lift
station to the Rock River. Respondent promptly investigated the overflow the date it learned
of
it. Respondent repaired the telephone line and reinstalled the alarm light and horn at the lift
station on July
23,2007.
3.
Economic benefits accrued by Respondent are believed to be minimal and are
accounted for in the
$10,000.00 penalty agreed herein.
8
4.
Complainant and the Illinois EPA have determined, based upon the specific facts
of this matter, that a penalty ofTen Thousand Dollars ($10,000.00) will serve to deter further
violations and aid in future voluntary compliance with the Act and Board regulations.
5.
Illinois EPA records indicate two previous enforcement actions against Rockton.
In
1975 the Illinois Pollution Control Board ("PCB") ordered Rockton to cease and desist
operating a landfill without a permit. There was no monetary penalty.
On July 5,2008 in People
of the State of Illinois v. Village of Rockton, PCB 07 134, the Illinois PCB adopted the proposed
Stipulation and Proposal for Settlement between the
State of Illinois and Rockton for a lift
station overflow incident at Rockton's Hawick
Street lift station in June 2006. Rockton was
ordered to pay a civil penalty
of$7,514.00 to resolve that matter.
6.
Self-disclosure is not at issue in this matter.
7.
The settlement of this matter does not include a supplemental environmental
project.
v.
TERMS OF SETTLEMENT
A.
Penalty Payment
1.
The Respondent shall pay a civil penalty in the sum ofTen Thousand Dollars
($10,000.00) within thirty (30) days from the date the Board adopts and accepts this Stipulation.
B.
Payment Procedures
All payments required by this Stipulation shall be made by certified check or money
order payable to the Illinois EPA for deposit into the Environmental Protection Trust Fund
(UEPTF"). Payments shall be sent by first class mail and delivered to:
9
Illinois Environmental Protection Agency
Fiscal Services
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
The name, case number and the Respondent's federal tax identification number shall appear on
the face
of the certified check or money order. A copy of the certified check or money order and
any transmittal letter shall be sent to:
Zemeheret Bereket-Ab
Environmental Bureau
Illinois Attorney General's
Office
69 W. Washington Street, Suite 1800
Chicago, Illinois 60602
C.
Future Compliance
1.
In
addition to any other authorities, the Illinois EPA, its employees and
representatives, and the Attorney General, her employees and representatives, shall have the
right
of entry into and upon the Respondent's facility which is the subject ofthis Stipulation, at
all reasonable times for the purposes
of conducting inspections and evaluating compliance status.
In
conducting such inspections, the Illinois EPA, its employees and representatives, and the
Attorney General, her employees and representatives, may take photographs, samples, and
collect information, as they deem necessary.
2.
This Stipulation in no way affects the responsibilities of the Respondent to
comply with any other federal, state or local laws or regulations, including but not limited to the
Act and the Board Regulations.
3.
The Respondent shall cease and desist from future violations of the Act and
Board Regulations that were the subject matter
of the Complaint.
10
D.
Release from Liability
In
consideration of the Respondent's payment of the $10,000.00 penalty, its commitment
to cease and desist as contained in
Section V.D. above, completion of all activities required
hereunder, and upon the Board's approval
of this Stipulation, the Complainant releases, waives
and discharges the Respondent from any further liability or penalties for the violations
of the Act
and Board Regulations that were the subject matter
of the Complaint herein. The release set forth
above does not extend to any matters other than those expressly specified in Complainant's
Complaint filed on April
30, 2009. The Complainant reserves, and this StipUlation is without
prejudice to, all rights
of the State of Illinois against the Respondent with respect to all other
matters, including but not limited to, the following:
a.
criminal liability;
b.
liability for future violation of state, federal, local, and common laws and/or
regulations;
c.
liability for natural resources damage arising out of the alleged violations; and
d.
liability or claims based on the Respondent's failure to satisfy the requirements of
this StipUlation.
Nothing in this Stipulation is intended as a waiver, discharge, release, or covenant not to
sue for any claim or cause of action, administrative or judicial, civil or criminal, past or future, in
law or in equity, which the
State of Illinois may have against any person, as defined by Section
3315 of the Act, 415 ILCS 5/3.315 (2008), or entity other than the Respondent.
11
Electronic Filing - Received, Clerk's Office, Octobr 20, 2009
--- --- - ---------------------------------------...
E.
Correspondence, Reports and Other Documents
Any and all correspondence, reports and any other documents required under this
Stipulation, except for penalty payments, shall be submitted as follows:
As to the Complainant
Zemeheret Bereket-Ab
Assistant Attorney General
Environmental Bureau North
69 W. Washington
Street, Suite 1800
Chicago, Illinois 60602
Chuck Gunnarson
Assistant Counsel
Illinois EPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
As to the Respondent
Attorney Gregory
E. Cox
363 Financial Court,
Suite 100
Rockford, Illinois 61107
F.
Enforcement and Modification of Stipulation
1.
Upon the entry of the Board's Order approving and accepting this Stipulation, that
Order is a binding and enforceable order of the Board and may be enforced as such through any
and all available means.
2.
The Parties to the Stipulation_may, by mutual written consent, agree to extend any
compliance dates
or modify the terms of this Stipulation. A request for any modification shall be
made in writing and submitted to the contact persons identified in
Section V.G. Any such
request shall be made
by separate document, and shall not be submitted within any other report
12
Electronic Filing - Received, Clerk's Office, Octobr 20, 2009
or submittal required by this Stipulation. Any such agreed modification shall be in writing,
signed
by authorized representatives of the Parties to the Stipulation.
G.
Execution of Stipulation
The undersigned representatives for the Parties to the Stipulation_certify that they are
fully authorized
by the party whom they represent to enter into the terms and conditions of this
Stipulation and to legally bind them to it.
WHEREFORE, the Parties to the Stipulation1equest that the Board adopt and accept the
foregoing Stipulation and Proposal for Settlement as written.
[THE REMAINDER
OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
13
, ,
PEOPLE OF THE STATE OF ILLINOIS, THE ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
LISA MADIGAN
Attorney General
State
of Illinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement!
Asbesto
EnvIronmental Bureau
----
Assistant Attorney General
DATE:
tJ- Z,
1
/0
9
Name:
04./'(..
9./",
u-t £
Title:
V:
/I~f.c.
?/4!~;'/c~
f
J
DOUGLAS P. SCOTT, Director
Illinois Environmental Protection Agency
Chief Legal Counsel
DATE:
----=~:.......J(_"'V_r--L-(t>--l...l
__ _
DATE:'_.L,~~/:.J.r-+A~~-L..1
___ _
G:\Environmental Enforcement\Z BEREKET-ABWILLAGE OF ROCKTON\Pleading\Stipulation 7-24-09.doc
14
Electronic Filing - Received, Clerk's Office, Octobr 20, 2009
CERTIFICATE OF SERVICE
I, ZEMEHERET BEREKET-AB, an Assistant Attorney General, do certify that I caused
to be served on this
20
th
day of October, 2009, the foregoing Notice of Filing, an Amended
Stipulation and Proposal for Settlement, and an Agreed Motion for Relief from the Hearing
Requirement, upon the persons listed on said Notice
by placing same in an envelope bearing
sufficient postage with the
United States Postal Service located at 100 West Randolph Street,
Chicago, Illinois.
ZEMEHERET BEREKET-AB
G:\Environmental Enforcement\Z BEREKET-ABWILLAGE OF ROCKTON\NOF&Cert IO-20-09.Doc
Electronic Filing - Received, Clerk's Office, Octobr 20, 2009
